FIRST JUDICIAL DISTRICT COURT
COUNTY OF SANTA FE
STATE OF NEW MEXICO

SOUTHWEST COUNSELING CENTER, INC., et al.,
Plaintiff,

No.:

v.

THE STATE OF NEW MEXICO,
THE HUMAN SERVICES DEPARTMENT OF
THE STATE OF NEW MEXICO,
Defendants.

D-101-CV-2014-02319
D-101-CV-2015-00594
D-101-CV-2014-02606
D-101-CV-2015-01445
D-101-CV-2015-00675
D-101-CV-2015-01464
D-101-CV-2015-01463
D-101-CV-2014-02582
D-101-CV-2015-00604

STIPULATED MOTION TO RELEASE A PORTION OF FUNDS HELD IN THE
COURT REGISTRY TO PLAINTIFF SOUTHWEST COUNSELING CENTER, INC.
AND TO RELEASE THE REMAINING FUNDS TO
NEW MEXICO HUMAN SERVICES DEPARTMENT
The Parties hereby jointly move this Court to order release of $749,455.31 of the funds
currently held in the Court Registry to Plaintiff Southwest Counseling Center, Inc. and to order
release of the remaining $484.71 to New Mexico Human Services Department. On November
14, 2016, Judge Jennifer L. Attrep issued a Stipulated Order to Deposit Funds Into the Court
Registry. That Stipulated Order directed OptumHealth New Mexico, Inc. (“Optum”) to deposit
“ready to pay” funds adjudicated and held by Optum pursuant to a June 24, 2013 payment
suspension issued by the Human Services Department of the State of New Mexico (“HSD”) into
the Court Registry in case No. D-101-CV-2014-02319. Those funds totaled $749,940.02, and
resulted from claims submitted by Southwest Counseling Center, Inc.
Subsequently, on January 4, 2017, HSD issued a Medicaid Overpayment Claim pursuant
to 8.351.2.14.A and 8.352.3, et seq., claiming that HSD had overpaid Southwest Counseling

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 Center, Inc. a total of $2,810,441.00. HSD amended that overpayment claim, and it is now
seeking an overpayment reimbursement in a total amount of $484.71. Because Defendants have
no right to withhold the remainder of the amount in the Court Registry, $749,455.31, the Parties
stipulate and request that the Court order immediate release of those funds to Davis & Gilchrist,
P.C., attorneys for Southwest Counseling Center, Inc. Further, because Southwest Counseling
Center, Inc. is waiving its right to a hearing concerning that alleged overpayment, the Parties
stipulate and request that the Court order immediate release of the remaining funds, in the
amount of $484.71, to the New Mexico Human Services Department.
Pursuant to Rule 1-007.1 NMRA, the parties contemporaneously submit a form of order
for the Court’s consideration.
Submitted by:
DAVIS & GILCHRIST, P.C.

By:“Electronically Filed” /s/ William G. Gilchrist
Bryan J. Davis, Esq.
William G. Gilchrist
1005 Marquette Ave NW
Albuquerque, NM 87102
Tel: 505-435-9908
Fax: 505-435-9909
bryan@dglnm.com
Attorneys for Plaintiffs
-and-

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 CONKLIN, WOODCOCK & ZIEGLER, P.C.

By: _”Electronic Approval 05/24/17”
Christa M. Hazlett
John K. Ziegler
Traci N. Olivas
320 Gold SW, Suite 800
Albuquerque, NM 87102
Tele (505) 224-9160
Attorneys for Defendants
-and-

NEW MEXICO HUMAN SERVICES
DEPARTMENT

By:

“Electronic Approval 05/24/17”
Christopher P. Collins
John R. Emery
George Heidke
P.O. Box 2348
Santa Fe, New Mexico 87504-2348
Tele. (505) 827-7240
Christopher.Collins@state.nm.us

Attorneys for The Human Services Department of
The State of New Mexico

The undersigned certifies that a copy
of the foregoing pleading was served on
all parties via the Electronic Filing System
on the date filed.
By: “Electronically Filed” /s/William G. Gilchrist
William G. Gilchrist

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